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Wills, Trusts & Estates


Tuesday, October 06, 2020 @ 12:21 PM

Techniques for making video trials fair videotrial1.jpg

As we enter the second wave in Ontario it is clear that COVID-19 has completely disrupted the way we administer criminal justice. The courts have been forced to embrace video technologies that have, quite embarrassingly, been used in other professions for decades. ... [read more]

Tuesday, October 06, 2020 @ 12:07 PM

Ottawa reintroduces key changes to legislation on medically assisted dying David_Lametti_sm

Facing a court-imposed deadline, Canada’s government has reintroduced proposed legislative changes to medically assisted death that would include removing the requirement a patient’s demise be reasonably foreseeable and adding new safeguards for such situations. ... [read more]

Monday, October 05, 2020 @ 3:22 PM

‘What do you mean I can’t get transcripts?’ cassette

Imagine you have just completed a 14-day trial by Zoom on behalf of your client. You did a bang-up job of presenting your case and an even better job of exposing the flaws in opposing counsel’s evidence. Nonetheless, the judge ruled against you. Never mind, that’s what appeals are for. Right? ... [read more]

Friday, October 02, 2020 @ 1:29 PM

In terrorem doctrine and no-contest clauses in wills: Part four warning_sign_sm

As we discussed in the third article in this series on litigating in the face of a no-contest clause in a will being challenged, Mawhinney v. Scobie 2019 ABCA 76, reaffirms that a no-contest clause will be invalid on the grounds of public policy if that clause: ... [read more]

Thursday, October 01, 2020 @ 8:37 AM

In terrorem doctrine and no-contest clauses in wills: Part three warning_sign_sm

In the decision of Mawhinney v. Scobie 2019 ABCA 76, the Alberta Court of Appeal had the opportunity to explore the law surrounding the in terrorem doctrine and no-contest clauses in the face of a seemingly procedural application. ... [read more]

Tuesday, September 29, 2020 @ 1:43 PM

In terrorem doctrine and no-contest clauses in wills: Part two warning_sign_sm

In the first article in this series, I discussed litigating in the face of a no-contest clause that appears within the will that is having its validity challenged and the in terrorem doctrine (a testamentary conditional gift where the condition is a threat without any consequence). This article will discuss the three-part test and other issues. ... [read more]

Monday, September 28, 2020 @ 11:44 AM

A personal reflection on Ruth Bader Ginsburg | Beverley McLachlin

It is autumn. I am in the Gatineau Hills north of Ottawa. The leaves are red and gold, and the views spectacular. The occasion is lunch in a country restaurant called Les Fougères. Across the table sits John Roberts, chief justice of the United States. To my left is a small woman with dark, pulled-back hair and an intense gaze — Ruth Bader Ginsburg. ... [read more]

Monday, September 28, 2020 @ 8:59 AM

What executors can learn from Quadriga CX: Technology best practices forensic_accountant_sm

As we know so far in the Quadriga Fintech Solutions Group fraud case discussed in the previous three articles in this series, the company’s cold wallets were empty and the private keys to the digital wallets were never found. The specific issue identified by the Ontario Securities Commission (OSC) was that Gerald Cotten perpetrated fraud with client holdings. ... [read more]

Friday, September 25, 2020 @ 2:03 PM

Sustaining our justice system in pandemic times | Roger Bilodeau

In recent months, several judges, court officials and observers have stated that the pandemic has thrust the justice system further along into the 21st century with the push to use all available technologies to maintain court operations. Many of them have also rightly pointed out that access to justice is still a challenge for a great number of Canadians. As courts take steps to resume regular operations, what does the future hold in terms of sustaining our justice system? Here are a few points to consider as governments, courts and other interested parties move forward to map out the future. ... [read more]

Friday, September 25, 2020 @ 11:56 AM

Minden Gross adds wills and estates associate

Minden Gross LLP announced that Jennifer Katz has joined the firm as an associate in the wills and estates group. ... [read more]